You are here

rabble blogs are the personal pages of some of Canada's most insightful progressive activists and commentators. All opinions belong to the writer; however, writers are expected to adhere to our guidelines. We welcome new bloggers -- contact us for details.

Natural Resources Minister Greg Rickford said in a statement: "In December 2013, the Joint Review Panel found that construction and operation of the Northern Gateway Pipelines project is in the public interest, subject to 209 conditions being met by the proponent. After carefully reviewing the report, the Government accepts the independent Panel's recommendation to impose 209 conditions on Northern Gateway Pipelines' proposal."

"Today constitutes another step in the process," Rickford said, adding Enbridge committed to working with "aboriginal groups and local communities along the route."

First Nations reignite opposition across B.C.

First Nations are nearly unanimously opposed to the construction of the pipeline, however, and it is unclear how either Enbridge or the Harper government might address those concerns, steeped as they are within a constitutionally enshrined aboriginal rights framework.

In total, 130 First Nations have publicly rejected the project.

According to the Gitga'at Nation, the panel failed to legitimately consult First Nations during the review process, meaning the entire process did not meet the federal government's legal duty to meaningfully consult aboriginal groups. How that conundrum can be remedied after the fact is anyone's guess.

Upon announcement of the federal approval of the pipeline, a large group of First Nations, Councils and Assemblies launched a legal suit against the Government of Canada, saying "we will defend our territories whatever the costs may be."

"This project, and the federal process to approve it, violated our right and our laws," the groups stated in a press release. "We are uniting to defend our lands and waters of our respective territories. Our rights and laws compel us." The groups include Gitxsan, Haisla, Heiltsuk, Tsleil-Waututh Nation, Wet'suwet'en First Nation, the B.C. Assembly of First Nations and Coastal First Nations among many others.

The Environmental Law Centre (ELC) announced it will file a suit challenging the pipeline's approval on behalf of the Federation of B.C. Naturalists (B.C. Nature).

"Filing this lawsuit will ensure that the Federal Court of Appeal is able to hear and consider arguments relating to all of the various flaws and deficiencies associated with the Northern Gateway approval process," Chris Tollefson, ELC executive director and B.C.Nature's lawyer, said.

"We cannot stand by and allow Cabinet to approve this ill-conceived project on the basis of a JRP report that is so flawed and incomplete," Kees Visser, President of B.C.Nature, said.

Majority of British Columbians may have final say

British Columbians have also demonstrated on numerous occasions their majority opposition to the project. Most recently a Bloomberg-Nanos poll showed 67 per cent of British Columbians wanted the project either rejected or delayed for further review.

This week at a press conference, the Dogwood Initiative, a democracy group in B.C., announced the project's approval would be met with a citizen's initiative -- a province-wide vote that could oust the project by popular request. The Dogwood Initiative, along with several other environmental, First Nations, citizen and legal groups, will organize the vote, handing decision-making power once and for all to British Columbians.

The initiative, called "Let B.C. Vote," already has 150,000 signatures.

The citizens' initiative tool was successfully used in 2010 to oust the Harmonized Sales Tax (HST) pushed through by the Liberal government.

When it comes to gaining the approval of British Columbia, some of Premier Christy Clark's five conditions have yet to be met, including securing B.C.'s "fair share" of benefits from the project. But perhaps more significantly, in April, residents of Kitimat, the proposed terminus of the pipeline and start of the export tanker route, voted "No" to the project in a local plebiscite, showing even those who stand to gain the most don't support Enbridge in its ambitions.

Changes to the NEB Act in 2012 (in the passing of the infamous Omnibus Budget Bill C-38 which saw the elimination of several environmental laws) made project conditions legally binding, meaning they cannot be discarded by government as happened with theMackenzie Gas Project. Although cabinet still holds the power to supplement or alter conditions in certain circumstances.

The 209 conditions fall into three phases: pre-construction, construction and pre-operation, and ongoing operations. To fulfill the 209 conditions, Enbridge will have to demonstrate to the NEB that the full requirements are being met throughout all phases of the project.

More people are reading rabble.ca than ever and unlike many news organizations, we have never put up a paywall – at rabble we’ve always believed in making our reporting and analysis free to all, while striving to make it sustainable as well. Media isn’t free to produce. rabble’s total budget is likely less than what big corporate media spend on photocopying (we kid you not!) and we do not have any major foundation, sponsor or angel investor. Our main supporters are people and organizations -- like you. This is why we need your help. You are what keep us sustainable.

rabble.ca has staked its existence on you. We live or die on community support -- your support! We get hundreds of thousands of visitors and we believe in them. We believe in you. We believe people will put in what they can for the greater good. We call that sustainable.

So what is the easy answer for us? Depend on a community of visitors who care passionately about media that amplifies the voices of people struggling for change and justice. It really is that simple. When the people who visit rabble care enough to contribute a bit then it works for everyone.

And so we’re asking you if you could make a donation, right now, to help us carry forward on our mission. Make a donation today.